SUBDIVISIONS, BOUNDARY ADJUSTMENTS

1. From your initial decision to subdivide right up to the issue of your new Titles, our role is to work alongside you and with a surveyor to comply with a complex array of subdivisional laws and to make the lengthy process as smooth as possible for you.

2. Steps along the way.

(a) If you are considering subdividing or adjusting a boundary, consult with a surveyor and come and see us. We like to work with the surveyor at the outset so that the best possible Resource Consent Application is submitted.

(b) In consultation with you and us, the surveyor submits a Resource Consent application including an initial plan of the subdivision to the District Council.

(c) Once the Council grants the Resource Consent, the surveyor draws up a final plan to comply with it. You then attend to the physical aspects required by the Council eg sealing roads, digging pipes, and we begin our very specific work of drawing up the legal documents including easements, covenants that restrict types of building or uses of the land, and obtaining the consent of your mortgagee.

(d) When the legal documents are ready and signed and the Council is satisfied that you have completed all the physical requirements, we then lodge the documents with the appropriate Government agency and new Titles issue in your name or entity shortly after.

3. How else can we help?

· There may be GST and tax implications in the subdivision and we like to work with your Accountant to determine the most appropriate structure for your land holding.

· If you are wanting to market the subdivided Lots, we would consider implications of the Overseas Investment Act (size of the Lots to avoid any Overseas Investment Act restrictions) and implications of the Securities Act (relating to requirements depending on the number of lots). Again we like to work with the surveyor and your accountant at the front end so that any restrictions or potential traps may be caught early.

· Often a subdivided Lot goes hand in hand with a sale and we are here to help prepare the Agreement for Sale and Purchase and include the appropriate special clauses that protect your interests in the subdivided Lot either as a vendor or as a purchaser.

Subdivisions and boundary adjustments are a surprisingly complex area of law. We are here to help, and to make a potentially arduous process as smooth as possible for you.